IMPORTANT POINT
Will--Onus of the Will is always on the propounder and the propounder alone has to dispel all suspicious circumstances.

Hemant Gupta, J.

1. The plaintiff is in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby his suit for possession of land measuring 49 kanals 18 marlas was dismissed.

2. The dispute in the suit relates to estate of one Sardhi Devi who died on 19.1.1982. The plaintiff claimed her estate on the basis of registered Will in his favour dated 12.4.1971, whereas, the defendants claim the estate of the deceased on the basis of Will dated 23.12.1980, executed by her in their favour revoking the earlier Will.

3. Earlier, the appeal was allowed by this Court on 18.7.2000, but the said judgment has been set aside by the Honble Supreme Court of India on 5.10.2005 as substantial questions of law were not framed while deciding the aforesaid appeal.

4. After hearing learned Counsel for the parties, it was found that the following substantial questions of law arise for consideration of this Court:

Whether the unregistered Will dated 23.12.1980, recorded in the proceedings book of the Gram Panchayat and attested by Panches and other persons, is proved to be executed and that such Will is not surrounded by suspicious circumstances?

5. The deceased Sardhi Devi wd/o Harnama used to reside with the plaintiff Ramji Dass. She appointed him as her Attorney. Ramji Dass used to manage the property of Smt. Sardhi Devi. Keeping in view the proximity of Sardhi Devi with Ramji Dass, she executed a registered Will on 12.4.1971 constituting him as her sole heir in sound disposing mind. It was the case of the plaintiff that she never executed any Will thereafter, or cancelled the aforesaid Will and, therefore, the plaintiff is entitled to succeed to her estate. On the other hand, it was the case of the defendants that Smt. Sardhi Devi was devotee of Guru Granth Sahib and she used to spend her time in service of Guru Granth Sahib. The plaintiff did not serve her or she appointed the plaintiff as her attorney. It was the case of the defendants that Smt. Sardhi Devi never executed any Will in favour of the plaintiff and even if any Will was executed, the same was cancelled when she executed a Will in favour of the defendants on 23.12.1980 before the Gram Panchayat of Village Lohgarh. The said Will is scribed by Mastan Singh, Secretary of Gram Panchayat of village Lohgarh and witnesses of that Will were Bant Singh, Sarpanch of Village Lohgarh, Chand Singh, Sarwan Singh, Panch, Sagar Singh, Panch, Joginder Singh Lambardar of Dharamkot. On the basis of said Will recorded in the proceedings book of the Gram Panchayat the land was mutated in favour of the defendants.

6. PW-1 Ramji Dass deposed that he was appointed as Attorney by Smt. Sardhi Devi and that Harnama, husband of Smt. Sardhi Devi died 40-45 years ago. No child was born to Smt. Sardhi Devi from Harnama. Exhibit P1, copy of the voter list was produced to show that Smt. Sardhi Devi was recorded as voter with the plaintiff in his house. Ration Card, Exhibit P-2 shows that it is a joint ration card. He has further deposed that Smt. Sardhi Devi used to go to Mandir i.e. Temple to pay respect and never went to Gurudwara. She was known as his wife. PW-4 Ajit Singh, attesting witness of the Will dated 12.4.1971, is the former President of the Municipal Committee, Dharamkot. He has deposed that after the death of Harnama, husband of Smt. Sardhi Devi, she was putting up with Ramji Dass in the same house till her death. The Will Exhibit P-3 was scribed by Brij Mohan at Zira when Smt. Sardhi Devi was in sound disposing mind. The Will was read out to Smt. Sardhi Devi who thumb marked the same in his presence and in the presence of Niranjan Singh Lamberdar. He and Niranjan Singh Lamberdar attested the Will in the presence of Smt. Sardhi Devi. Smt. Sardhi Devi admitted the Will to be scribed before the Sub-Registrar in his presence and in the presence of Niranjan Singh. He has further deposed that Smt. Sardari Devi was Sanatinist and she did not visit the Gurudwara. Howeve